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HB2454: Special Privileges for Virginia's AG 'investigators'

This bill, from Delegate Loupassi, would privilege hand-picked investigators for the Attorney General to carry concealed weapons without a permit, like normal mortals.

Amends 18.2-308 by creating a new C 7:

7. Persons designated as investigators by the Attorney General pursuant to § 32.1-320.1.

The bill goes further by apparently establishing police powers within the AG's office with this new code section:

§ 32.1-320.1. Powers and duties of Unit Investigators.

A. The Attorney General may designate persons in the unit established pursuant to § 32.1-320 as investigators. Any person designated as an investigator shall be sworn to enforce the provisions of this article and the criminal laws of the Commonwealth, and shall be considered a law-enforcement officer pursuant to the definition set forth at § 9.1-101.

B. Investigators' powers and duties shall include, but not be limited to:

1. The authority to investigate all allegations of fraud in the administration of the Plan for Medical Assistance administered by the Department of Medical Assistance Services, the provision of medical assistance, or the activities of providers of medical assistance under the Plan for Medical Assistance.

2. The authority to investigate allegations of abuse or neglect of adults, and misappropriation of patients' private funds while such patients are in the care and custody of others, and other offenses authorized by law.

3. The authority to investigate any violation of the criminal laws of the Commonwealth that are ancillary to any allegation included within subdivisions 1 and 2.

C. The Attorney General or his designee may request that the Director of the Department of Criminal Justice Services exempt a unit investigator from the compulsory minimum training standards set forth in subdivision 2 of § 9.1-102 based upon the investigator's prior experience.

D. The Attorney General shall have the authority to issue a badge of the Attorney General's choosing to each person designated as an investigator. The Attorney General shall be authorized to incorporate the Seal of the Commonwealth in the design of the badge.

C. The Attorney General or his designee may request that the Director of the Department of Criminal Justice Services exempt a unit investigator from the compulsory minimum training standards set forth in subdivision 2 of § 9.1-102 based upon the investigator's prior experience.

IANAL but it seems that it would give them the ability to carry anywhere without a permit during everyday life, but not during their investigative duties. To carry while "on duty" they would still need to be trained and pass the yearly qualifications like a regular police officer. But Part C allows the AG to request that an individual investigator not be held to those training standards (Bad IMHO).

If they need to have full law enforcement powers I guess that's a separate issue for debate. But why do they have to be added to another class of people that are exempt from the law when they are not "on duty"?

If we could get cops that investigate cops that violate civil rights....

He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776